2021 (11) TMI 1042

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....Adv., Mr. Pawan Sharma, Adv., Mr. Sidharth Aggarwal, Adv., Ms. Divya Bhalla, Adv., Mr. Anuj Shah, Adv., Mr. Kunal Dutt, Adv., Ms. B. Vijayalakshmi Menon, AOR,   O R D E R By way of these two appeals, the interim orders dated 13.09.2021 in Company Appeal (AT) No. 106 of 2021 and dated 29.09.2021 in Company Appeal (AT) No.113 of 2021, as passed by the National Company Law Appellate Tribunal, Principal Bench, New Delhi (Hereinafter also referred to as 'NCLAT' or 'the Appellate Tribunal')  are sought to be questioned. 2. The matters emanate from the proceedings in CP No.108/241- 242/PB/2021, CP No.118/241-242/PB/2021 and CP No.135/241- 242/PB/2021, pending before the National Company Law Tribunal, New Delhi (Hereinafter also ....

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....this order dated 16.09.2021, the NCLT observed as under: - "We have heard the learned counsels for the parties and we are of the considered view that there cannot be any appointment, of either Independent Directors or Administrator, at this point of time, particularly when the Hon'ble Appellate Tribunal is seized of the matter, however we are very clear that the Hon'ble Appellate Tribunal had not stopped us from opening the sealed cover containing the Commissioner's report and going through the same for our own satisfaction and to get information about the Company. Therefore, we have decided to open the sealed cover and go through the report and keep the report for ourselves until there is clarity by the Hon'ble Appellate ....

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....he Independent Commissioner before the Ld. NCLT till this matter is decided by this Appellate Tribunal. ii) Further, the Ld. NCLT, New Delhi shall suo motu also itself not quote, rely upon any paragraph, passage or word of the report till the Appeal is decided by this Tribunal. iii) Further, Status Quo as prevailing today shall be maintained by the parties in question." 7. The aforesaid order dated 29.09.2021 is sought to be questioned in Civil Appeal No. 6480 of 2021. The said order has effectively arrested the effect of the commissioner's report which, in terms of the Appellate Tribunal's order, is not to be relied upon by the parties or even by NCLT. With the matter standing thus, the said two appeals [Company Ap....